1. The judgment below is reversed.

2. The defendant shall be punished by imprisonment with prison labor for two years;

3. Sexual assault against the defendant for 80 hours.

1. Summary of grounds for appeal;

A. The Defendant did not assault the victim D (hereinafter “victim”) for the purpose of retaliation, but did not have sexual intercourse with the victim by assaulting or threatening the victim. The Defendant did not have sexual intercourse with the victim by assaulting or threatening the victim.

B. The sentence of the lower court’s improper sentencing (three years of imprisonment) is too unreasonable.

2. Determination

A. According to the judgment of the court below and the evidence duly adopted and examined by this court, it is recognized that the defendant was sentenced to six months of imprisonment with prison labor at the Daegu District Court on November 4, 2016, and both appeals and appeals were dismissed, and the above judgment became final and conclusive on January 2, 2018.

As above, the crime of this case is in the concurrent relationship between the crime for which judgment has become final and the crime of this case and the crime of this case after Article 37 of the Criminal Act, and the punishment is determined in consideration of equity in the case of concurrent judgment pursuant to Article 39 (1) of the Criminal Act, so the judgment of the court below cannot be maintained any more.

However, the defendant's assertion of misunderstanding of facts is still subject to the court's ruling despite the above reasons for reversal of authority, and this is examined below.

B. In the lower court’s determination on the Defendant’s assertion of mistake of facts, the Defendant asserted the same purport as the grounds for appeal in this part, and the lower court, on this point, may sufficiently recognize the Defendant’s act of assaulting the victim as stated in this part of the facts charged, and the facts of rape, by taking account of the following circumstances: (a) the victim’s investigative agency and the court of the lower court’s testimony at the victim’s investigation agency and the court of the lower court’s trial on the ground that the victim’s testimony appears to have been credibility; and (b) the L’s testimony at the lower court’s court’s court’s legal testimony, text message, record, and each photograph.